Florida § 934.425 - Installation or use of tracking devices or tracking applications; exceptions; penalties.

§ 934.425. Installation or use of tracking devices or tracking applications; exceptions; penalties.

(1) As used in this section, the term: (a) “Business entity” means any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in this state. (b) “Tracking application” means any software program whose primary purpose is to track or identify the location or movement of an individual. (c) “Tracking device” means any device whose primary purpose is to reveal its location or movement by the transmission of electronic signals. (d) “Person” means an individual but does not include a business entity. (2) Except as provided in subsection (4), a person may not knowingly: (a) Install or place a tracking device or tracking application on another person’s property without that person’s consent; or (b) Use a tracking device or tracking application to determine the location or movement of another person or another person’s property without that person’s consent. (3) For purposes of this section, a person’s consent is presumed to be revoked if: (a) The consenting person and the person to whom consent was given are lawfully married and one person files a petition for dissolution of marriage from the other; or (b) The consenting person or the person to whom consent was given files an injunction for protection against the other person pursuant to s. 741.30, s. 741.315, s. 784.046, or s. 784.0485. (4) This section does not apply to: (a) A law enforcement officer as defined in s. 943.10, or any local, state, federal, or military law enforcement agency, that lawfully installs, places, or uses a tracking device or tracking application on another person’s property as part of a criminal investigation. (b) A correctional officer, correctional probation officer, or any other officer or support personnel, as those terms are defined in s. 943.10, of the Department of Corrections who lawfully installs, places, or uses a tracking device or tracking application on a person in his or her care, custody, or control and in the course and scope of his or her employment. (c) A juvenile probation officer, an authorized agent or designee, or delinquency program staff, as those terms are defined in s. 985.03, of the Department of Juvenile Justice who lawfully installs, places, or uses a tracking device or tracking application on a person in his or her care, custody, or control and in the scope and course of his or her employment. (d) A person authorized to install, place, or use a tracking device or tracking application pursuant to a court order. (e) A parent or legal guardian of a minor child who installs, places, or uses a tracking device or tracking application on the minor child’s property if: 1. The parents or legal guardians are lawfully married to each other and are not separated or otherwise living apart, and either parent or legal guardian consents to the installation, placement, or use of the tracking device or tracking application; 2. The parent or legal guardian is the sole surviving parent or legal guardian of the minor child; 3. The parent or legal guardian has sole custody of the minor child; or 4. The parents or legal guardians are divorced, separated, or otherwise living apart and both consent to the installation, placement, or use of the tracking device or tracking application. (f) A caregiver of an elderly person or disabled adult, as those terms are defined in s. 825.101, if the elderly person’s or disabled adult’s treating physician certifies that the installation or placement of a tracking device or tracking application onto the elderly person’s or disabled adult’s property or the use of a tracking device or tracking application to determine the location or movement of the elderly person or disabled person or his or her property is necessary to ensure the safety of the elderly person or disabled adult. (g) A person acting in good faith on behalf of a business entity for a legitimate business purpose. This paragraph does not apply to a person engaged in private investigation, as defined in s. 493.6101, on behalf of another person unless such activities would otherwise be exempt under this subsection if performed by the person engaging the private investigator. (h) An owner or lessee of a motor vehicle that installs, places, or uses, or directs the installation, placement, or use of, a tracking device or tracking application on such vehicle during the period of ownership or lease, provided that: 1. The tracking device or tracking application is removed before the vehicle’s title is transferred or the vehicle’s lease expires; 2. The new owner of the vehicle, in the case of a sale, or the lessor of the vehicle, in the case of an expired lease, consents in writing to the nonremoval of the tracking device or tracking application; or 3. The owner of the vehicle at the time of the installation or placement of the tracking device or tracking application was the original manufacturer of the vehicle and the next owner of the vehicle was informed of the location and how to remove the device before the vehicle title is transferred. (5)(a) Except as provided in paragraph (b), a person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A person who violates this section to commit a dangerous crime or to facilitate the commission of a dangerous crime as defined in s. 907.041(5)(a) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.